Can I get rid of taxes?

00:03 my name is Robert Geller and I'm with
00:05 the Law Offices of Robert M Geller PA
00:07 there are two other lawyers with our
00:09 firm
00:09 and today I want to talk to you about
00:13 how or whether you can get rid of
00:15 certain taxes through filing bankruptcy
00:17 and the short answer to that question is
00:21 yes No maybe so so what am I talking
00:26 about here well let's first talk about
00:28 payroll taxes and trust fund or trust
00:31 fund taxes so generally when you collect
00:35 a tax from somebody else who pays it
00:38 like people pay sales tax or your
00:41 employees work and they have to pay
00:44 certain federal withholding tax which
00:45 you have to turn over to the government
00:48 and you're supposed to collect that tax
00:50 and turn it over to the government and
00:53 for whatever reason you didn't turn that
00:56 over to the government those taxes are
00:59 not dischargeable in bankruptcy and I
01:02 don't think bankruptcy is going to help
01:04 you generally so where is the yes answer
01:08 to what is dischargeable in bankruptcy
01:10 and that lies with certain income tax so
01:14 certain income tax is dischargeable
01:16 bankruptcy many people are surprised
01:18 when they come in my office to learn
01:19 that and so you asked what types of
01:22 income tax is destructable bankruptcy
01:24 well there are certain criteria to that
01:27 I let me kind of give you the general
01:30 criteria first of all the tax returns
01:34 have to be filed at least two years
01:38 prior to the time the bankruptcy has
01:41 been filed the second criteria and these
01:44 are just general criteria there are some
01:46 others is that the return has to be do
01:50 more than three years prior to filing
01:54 bankruptcy so we are now into September
02:00 of 2017 if you'd filed your tax return
02:08 for 2013 it would have been due in April
02:12 of 2014 if you followed it timely and
02:18 you didn't get any extensions then your
02:21 taxes for 2013 would be dischargeable
02:25 because the due date was April of 2014
02:29 and then the final criteria is you must
02:33 not be assessed that tax within 240 days
02:37 of filing bankruptcy so that if the
02:40 government came in week before you filed
02:42 the bankruptcy and said you owed more
02:44 tax that would not be potentially
02:47 dischargeable in bankruptcy and let me
02:49 just add a caveat to that that there are
02:52 some other exceptions that make that tax
02:55 not dischargeable it would be a good
02:57 idea to come in and speak to a qualified
03:00 bankruptcy attorney about whether those
03:03 taxes are dischargeable some other
03:05 things that are dischargeable in
03:07 bankruptcy would be certain penalties
03:09 related to the income tax so that's
03:13 something again you can discuss with an
03:15 attorney when you come in the office if
03:19 you need more information about
03:20 bankruptcy feel free to click on the
03:22 link will be glad to provide you that
03:24 information I'm Robert Keller and I look
03:28 forward to helping you build a bridge to
03:30 a brighter future
03:32 [Music]

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Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405
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Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G

St. Petersburg, FL 33701
T: 727-532-3939
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At the Tampa Bay law firm, the Law Offices of Robert M. Geller, P.A., we help people with consumer bankruptcy matters in the Tampa Bay-St. Petersburg,  Florida communities such as Clearwater, St. Petersburg, Thonotosassa, Riverview, Lutz, Plant City, Brandon, Carrollwood, Wesley Chapel, St. Petersburg Beach, Lakeland, Mulberry, Dade City, Pinellas Park, Largo, Seminole, Odessa, Oldsmar and Lithia, and counties such as Hillsborough County, Pinellas County, Pasco County, Polk County and Manatee County.